Assignment:
Project requires you to draft a memorandum of law that can be used to make decisions about a potential motion to suppress evidence and a confession. Utilizing the fact pattern stated below, you will draft a memorandum of law discussing 2 issues:
(1) the merits of Bob's motion to suppress evidence for the items seized from the backpack and the cocaine and
(2) the merits of Bob's motion to suppress his confession to committing the robbery.
The memorandum should focus on the relevant facts and the applicable law that is covered in the material as well as in the cases covered in the instructional material. Your focus is the Fourth Amendment right to be free from unreasonable searches and seizures and the Fifth Amendment right to remail silent and Miranda rights.
Your memorandum should be five pages or less.
Use the following structure for your memorandum:
Issue 1
Introductory paragraph (issue and brief conclusion)
Relevant Facts
Explanation of the law
Application of the Law to support conclusion
Counter analysis
Conclusion
Issue 2
Introductory paragraph (issue and brief conclusion)
Relevant Facts
Explanation of the law
Application of the Law to support conclusion
Counter analysis
Conclusion
Review:
Materials and cases
Read the ACLU Know Your Rights When Encountering Law at www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement
Facts
Bob and his best best friend Pat are walking in a high crime area in Baltimore at 11:00 p.m. Bob is carrying a backpack and Pat is carrying a small brown paper bag. Both are dressed in jeans and black hoodies. Bob and Pat see a police car approaching them and Pat throws the small brown paper bag into the bushes beside the road. Officer Smith sees two young males walking down the street. Officer Smith has patroled this area for the last five years and knows that property and drug crime is rampant in this area of the city. As Officer Smith drives past the two males he witnesses one man toss an item into the bushes. Officer Smith turns around, exits his patrol car and asks "what are you two doing out so late?" Neither Bob or Pat say anything. Office Smith views an object in the pocket of Bob's hoodie and does a pat down for weapons and discovers that Bob has a bottle of coke and a bag of skittles in his pocket. Office Smith asks Bob if he can look into the backpack and before Bob can say anything, Pat states, "I guess so? Do we have a choice?" Officer Smith without saying a word proceeds to look into the backpack and finds clothes, shoes, an IPad, headphones and compact discs of music and movies. Officer Smith orders Bob and Pat to sit on the curb and wait while he returns to his patrol car to run a suspect check. Approximately ten minutes pass and Officer Smith returns from his patrol car and arrests Bob and Pat for robbery. Officer Smith while sitting in his patrol car received a dispatch that a robbery has just occurred a few blocks away and the items stolen are discribed as the same items that the Officer Smith located in the backpack. After placing Bob and Pat in separate patrol cars, Office Smith finds the brown paper bag in the bushes and discovers it contains approximately 1 oz. of cocaine. Officer Smith and Bob recognize each other from the cafe that Officer Smith frequents for coffee and donuts. Bob works as a waiter at the cafe. They strike up a conversation and Office Smith tells him, "I know you're a good guy, I'll put in a good word for you with the prosecutor if you come clean and tell me where you got the backpack". Bob immediately blurts out, "you know I didn't want to jack the backpack from that kid but Pat made me do it because I owe him money." "I feel really bad since I have a kid of my own. Will you put a good word in for me?